Territoriality and Extraterritoriality in Equity Law: An Overview

This essay examines the principles of equity law in the Australian legal system, focusing on the doctrine of territoriality and its limitations, particularly in the context of extraterritoriality. It discusses how territoriality, as a cornerstone of state sovereignty, ensures the protection of citizens' rights and promotes justice within a defined geographical area. The essay further explores the balance between individual rights and the rule-making body, emphasizing the role of equity law in preventing unfair practices. It also addresses the limitations of equity law in extraterritorial applications, such as potential infringements on foreign sovereign interests and diplomatic relations. The essay concludes that while equity law aims to address unfair practices, its effectiveness is constrained by the need to respect international law and diplomatic considerations.

Equity law

Table of content
INTRODUCTION.........................................................................................................................3
TASK..............................................................................................................................................3
CONCLUSION..............................................................................................................................4
REFERENCES..............................................................................................................................6

INTRODUCTION
Australian law is incorporated in Equity law and Common law, Equity comprised of all such
legal principles which is being entertained and allowed by courts in order to maintain all the fair
results and to provide strict application on the fair ruling. It addresses the variable chaos through
which they provide Flexible claims and also the remedies needed in protection1. This essay will
cover the issue that equity is attempting to do stealth and also the doctrine of territoriality.
TASK
Territoriality can be defined as certain geographical area that are subjected to implication of
certain rules and legislation which determines the areas or domain of that region. Territoriality in
context to state sovereignty considered as state's power to exercise their function within their
territorial jurisdictional power. It covers many aspects that guaranteed protection of several
rights that are being associated with the citizens. These territorial sovereignty allows its authority
to protect the interest of individual's fundamental rights that is required to administer the public
international law2.
The territorial system is existing to promote the equity among the legal system and protect
the interest of their citizens. The state take necessary measure to strives for justice among the
people and ensure them all the rights available to them. These system is required to governs the
foreign law for promoting private rights and domestic legal norms. Sovereign state are
independent and not allowed to interfere in any matter of other states. Its aim is to provide
proper enforcement mechanism and applied to bring stability in the state's territory. It establishes
the judicial system where other state are not allowed to interfere in the absolute rights to the
citizens.
The concept of equity law serves to balance between an individual and rule making body so
that rights are to be protected. These laws are still exist to ensure the equity in legal system
1 Dunn, Alison, "Equity Is Dead. Long Live Equity!" (1999) 62(1) Modern Law Review
2 Gelgel, I Putu, "LOCAL LAW WISDOM IN ATTACHING RADICALISM IN THE NAME OF
RELIGION" (2021) 1(2) Journal Equity of Law and Governance

where court used his discretion to serve justice. It is derived from common law and through
various sources of law to impart justice by applying the principle of equity law. It is provide
efficient
Presumption against extraterritoriality is majorly being align with the Treatment which is
being made in the countries for all such extra nationality. It comprises of all the legal and the
national regimes in w3hich all the separation of power, sovereignty and all such due process of
law is incorporated. This article comprises of all such offers and the policies with which the
extraterritoriality and extra nationality is being underlined. This generally tends to manage all
such relation in the one country with the effective management with the other country. As
Morgan v White 1912, there is comprised of rules which rest on the principles of that all such
legislature will not apply for the enactment in a major comprises and enactment that an effect
which will be inconsistent through all the comity of nations and international law3.
Some of the major limitations of the equity law in the extraterritorial is, it comprises of all
the foreign sovereign interest as it can infringe the national interest, this can also be limited as
due to strive of diplomatic relations, the limitations were also being made on conflicting all such
legal obligations. There is problem in under development to manage the exercise of discretion.
Thus the equity generally regards to be complied with what is required to be done and it refers to
all such areas and the situation with which the agreement and the obligation of the contract can
be fulfilled. It entitles the performance and the equitable conversion which is ought to have been
done.
CONCLUSION
From this above essay it can be concluded that, equity law address all such issues with
which the unfair means and practises are being restricted and some of the major limitations in
this is to exercise the discretion with all such diplomatic relations.
3 Cook, Walter Wheeler, "The Powers Of Courts Of Equity. II. Action "In Rem" By Courts Of
Equity" (2015) 15(2) Columbia Law Review

REFERENCES
Books and Journals
Dunn, Alison, "Equity Is Dead. Long Live Equity!" (1999) 62(1) Modern Law Review
Gelgel, I Putu, "LOCAL LAW WISDOM IN ATTACHING RADICALISM IN THE NAME OF RELIGION"
(2021) 1(2) Journal Equity of Law and Governance
Cook, Walter Wheeler, "The Powers Of Courts Of Equity. II. Action "In Rem" By Courts Of Equity" (2015)
15(2) Columbia Law Review